watching last night. you made us the most watched program for the entire debate. thanks for inviting us into your home tonight. that's it for "special report," fair, balanced and unafraid. this is the fox report. tonight, a senior advisor for the romney campaign predicting a dynamic shift after last night's debate. but the president's campaign says not so fast. plus, one time allies now bitter enemies. and the fighting is on. turkey. hitting back at syria. after a mortar attack killed civilians. >> the response turkey made was appropriate. [shouting] >> trace: tonight, the international crisis that could plunge an entire region into war. [shouting] a deadly form of meningitis hits people in several states.

>> we feel comfortable at this point saying it's an outbreak. >> now some are dead and dozens more are sick and scientists say they think they have found the source. plus, baseball history as the detroit tigers miguel can cabrea accomplishes something nobody has done in more than 40 years. >> i can't describe my heart feeling right now. >> tonight, the baseball player who scored a triple crown. but we begin with governor mitt romney back on the campaign trail tonight after what most americans are calling a big victory in his first debate against president obama. even the man in charge of president obama's campaign admits he will probably change his strategy for the next debate. governor romney and his running mate paul ryan are holding a rally right now in the battleground state of virginia. we'll go there live in a moment. that's trace at begins on stage. today, the president was back on the campaign trail, too. he told a crowd in denver the

guy he faced off against last night was not the real governor romney. >> he said that he doesn't even know that there is such laws that encourage outsourcing. he says that if it's true he must need a new account stand. [ laughter ] now, we know for sure it was not the real mitt romney because he seems to be doing just fine with his current accountant. >> the romney campaign fired back, quote: president obama offered no defense of his record and no vision for the future. president obama simply offered more false attacks and renewed his call for job-killing tax hikes. earlier today, the president's senior campaign advisor david axelrod said this about the debate. the president's never satisfied with his performance. he is always challenging himself. and he will review it if he wants to make changes in the next debate, he will do so. what he was satisfied with was

that he went and told the american people the truth as i mentioned polls show most americans governor romney won the debate. you can see it's not even close in this cnn survey. but almost half the viewers also said the debate did not effect how they will vote in november. these overnight surveys are instant, emotional reaction that could change down the road. campaign carl cammeron is live at governor romney's rally in fisher'sville virginia. >> humble. campaign thinks he ran away. trace atkins warming up the crowd here. right in the heart of shenandoah valley. very red part of the state. began in denver in the wake of last night's debate. he called surprise at colorado action conference. the crowd absolutely ate it up.

romney reiterated a new line revealed last night arguing that the obama agenda amounts to trickle down government which he says will not work. watch. >> we have two very different courses for america. trickle down government or prosperity through freedom. and trickle down government that the government proposes is one where he will raise taxes on small business, which will kill jobs. i, instead, want to keep taxes down on small business so we can create jobs. >> the romney campaign is very aggressively looking to capitalize on last night's performance. new ads out. web videos, t-shirts bumper stickers and slogans popping up all around the country trying to capitalize on what the country victory round one and two more to come election day 33 days from now, trace? >> speaking of capitalizing, carl, the romney campaign says donations have been pouring in since the debate last night. >> one of the things that they are also boasting about is tremendous increase in social media attention.

lots of new twitter followers. lots of new hits on facebook. but where the money is concerned the romney campaign was experiencing certain degree of anxiousness when republic donors saying he wasn't doing so well and they might shift their donations to the republic house and senate members. that seems to have been alleviated by last night's debate performance. the romney campaign says since the debate last night they have been getting two donations a second and they expect it to be a huge boost in momentum that they very dearly want to continue. trace. >> trace: carl cammeron live in fissuresville, virginia. we will listen in live. his first scheduled campaign event since last night's debate. meantime governor romney and congressman paul ryan sat down in sean hannity today. can you see the entire interview tonight at 9:00 p.m. eastern time right here on the fox news channel. well, we heard a little bit of president obama firing back at governor romney today. but the president had a lot

more to say the day after the debate. and that is coming up later on "the fox report." but, first, the u.s. state department standing by turkey as it strikes back at syria. the turkish military fired artillery into syria both today and yesterday, after a syrian mortar shell killed 500 people or five people, rather, in a turkish border town officials in damascus have apologized. so far sorry is not cutting it in turkey. the prime minister says his country has no plans to go to war with syria and the latest retaliation is just meant as a warning. and the u.s. state department is on board with turkey's actions. listen. >> from our perspective, the response that turkey made was appropriate. it also was designed to strengthen the deterrent effect so that these kinds of things don't happen again. >> the question is whether

turkey's military response will actually have that effect and keep syria from doing something like this in the future. either way, the turkish parliament has already approved a bill that authorizes military action against syria, even without support from the allies. "the fox report's" chief correspondent jonathan hunt live in new york city. the united nations security council has just condemned syrians attack. what do we know? >> just in the last hour we got a statement sphrt security council. it took a lot of talking to get there today because the russians, syria's most important and most ardent ally wanted to soften the language in this statement. in the end, the statement condemned the syrian action in what it called the strongest possible terms. it warned of a widening conflict and called for restraints. the statement was read out by the statement of the security council is. listen. >> the members of the council demanded that such violations of international law stop

immediately and are not repeated. the members of the security council. [coughing] called on the syrian government to fully respect the sovereignty and territorial integrity of its neighbors. >> significantly what was missing from the statement was any threat of consequences if syria does not respect the sovereignty and territorial integrity of its neighbors, trace. >> trace: but, jonathan, it appears that nobody wants this to go any further, right? >> no. everybody is terrified that this could end up as a regional conflict. the civil war spilling across the borders. across that long border that syria shares with turkey. across the border where those mortars fell in that town just yesterday. nobody wants to see that, that's why we have heard all of these calls for restraint. the turks, meanwhile, continue to fire artillery shells back

towards syrian positions today. and in a tweet, the prime minister's spokesman said the following, quote: turkey has no interest in a war with syria. but turkey is capable of protecting its borders and will retaliate when necessary. for now, we understand the guns on both sides have fallen silent. everybody is hoping they stay that way at least in terms of the fight between turkey and syria. trace? >> trace: indeed, "the fox report's" correspondent jonathan hunt live with us in new york. jonathan, thank you. that crisis in syria could leave us all paying a bit more at the pump. the price of oil today saw its biggest spike in two months. up more than $3 to close above $91 a barrel. the jump, apparently on fears the conflict between turkey and syria could spread further in the region. of course, where oil prices go, gas prices often follow. a.a.a. reports the average price per gallon is now $3.78.

that is up $37 from a year ago. well, for the first time we are hearing from the family of u.s. border don't yet understand what yet happened yet to their dad. agent nicholas ivy died and another agent was wounded when somebody opened fire on them in a known drug smuggling area on the mexican border. today one of agent ivy's older brothers said nick loved the outdoors, loved his job and loved helping people. >> there was a time that he was out on patrol and came across a woman that was with a small group, she was pregnant and she lost her shoes and her feet were cut up and she just had them wrapped in rags. and she was in a pretty remote area and just couldn't make it any farther. he carried that woman a mile

and a half to where she could receive the proper help that she needed. >> officials in mexico are still denying reports that they have arrested anybody in this attack. well, a contaminated drug now blamed for a meningitis outbreak that has spread across the country and put a lot of people in the hospital. and now a warning for doctors and patients about what they need to avoid. plus, american airlines officials say they now know what caused all those seats to come loose during flights. so does that mean it's not going to happen anymore? some answers just ahead on "the fox report." ♪ [ male announcer ] one in six. that's w many struggle with hunger in america.

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healthcare facilities in 23 states and so far doctors have reported the infection in these states. tennessee, indiana, virginia, maryland, florida, and north carolina. health officials are now trying to contact people who receive the steroid in the past three months. one hospital in southwestern indiana alone reports more than 500 people received injections. health officials in virginia have also contacted some 500 patients. it could take 2 to 28 days from the time of the injection for people to start feeling symptoms chills, fever, nausea and stroke-like symptoms such as difficulty walking and urinating. jonathan serrie is with the news in atlanta is there a type of patient most at risk here? >> well, the drug in question is used to treat back pain.

so, in general, you have an older patient but in general they are otherwise healthy before the contamination. the warning applies to anyone who may have received these tainted injections as far as back as july. any of these folks who develop symptoms should contact their doctor to get tested and determine whether they need to go on an antifungal treatment as quickly as possible. trace? >> trace: what do we know about the source of this outbreak, jonathan? >> this is a very rare form of meningitis, public health officials say this is not the type of meningitis that's transferred from one person to another. instead, it's caused by a fungus that somehow got into that medication. now, federal health officials have traced the contamination to new england compounding center, that's a specialty pharmacy in massachusetts but the f.d.a. is still investigating exactly how the

fungus got into the actual medication. trace? >> trace: jonathan serrie live for us in atlanta which is the home for the centers for disease control. jonathan, thank you. american airlines say there shouldn't be any more seats coming loose on its planes. the airline reports completing inspections on close to 50 of its boeing 757s. engineers say they have fixed the problem, which led to entire rows of seats coming loose in flight. it happened three times in just the past week. the airline blames shoddy installation of clamps used to keep the seats in place. just another black eye for the struggling airline which filed for bankruptcy last year. it is still locked in a bitter pay dispute with pilots. a fight that's led to huge delays and tons of cancelled flights. well, a woman and her five children had to jump from their apartment to escape a fire. and the surveillance camera captured some of them falling. you can see one child hitting

the sidewalk after leaping out of a third floor window. she rolls on to her back but she is alive. moments later, neighbors catch another child and the kids just keep coming. this happened early yesterday morning in newark, new jersey. listen. >> i would love to thank everyone who was there. who caught my children. >> i see the people that help me, i'm going to thank them personally. and let them know i'm happy that my family is okay. >> trace: a couple of broken bones reported, but everybody survived. investigators say a candle started the fire inside that apartment. well, federal investigators have busted dozens of people for trying to defraud medicare to the tune of more than $400 million. and some of the suspects are medical professionals. plus, fox news has learned of high level disagreements among u.s. intelligence officials about whether to call the deadly attack in libya an act

of terror. disagreements that stretched on for days. the details ahead on "the fox report." bob, these projections... they're... optimistic. productivity up, costs down, time to market reduced... those are good things. upstairs, they will see fantasy. not fantasy... logistics. ups came in, analyzed our supply chain, inventory systems... ups? ups. not fantas who would have thought? i did. we did, bob. we did. got it.

>> trace: a fox urgent now. a panel here in california has just recommended parole for one of the man son family followers. bruce davis has been locked up for 40 years for murdering two people. those killings not connected to the infamous sharon tate killings in 1969. the parole board's decision is not the last word here. the governor of california jerry brown has last say on whether davis should go free. davis turns 70 years old tomorrow. the feds have just charged more than 90 people with trying to steal our tax dollars. the suspects are accused of taking part in medicare schemes that submitted nearly

$430 million in fraudulent billing. doctors and nurses among the suspects. the assistant attorney general lanny brewer explained how one scheme in houston allegedly took advantage of mental patients. >> these defendants have allegedly bribed medicare beneficiaries with cigarettes, food and coupons instead of giving these beneficiaries real medicare care, hospital owners and operators allegedly plunked them in front of the television and billioned medicare on their behalf. >> the feds made similar accusations against suspects in a total of seven cities, all across the united states. well, fbi agents today finally inspected the scene in libya where militants three weeks ago killed the u.s. ambassador and three other americans. according to the fbi, agents visited the u.s. consulate in benghazi and left a short time later. the associated press reports the agents and several dozen

u.s. special operations forces spent about 12 hours at all relevant locations. the fbi would not report on what, if anything, they found. this comes after the "the washington post" newspaper reported that one of its journalists found sensitive documents in the compound sitting in plain sight. today the attorney general eric holder would not comment on those documents. >> i don't want to necessarily comment on that which is an ongoing matter. but i'm confident that through the steps that we are taking and that we plan to take that we will be able to exploit the scene as is appropriate and hold accountable those people who committed those dastardly acts. >> trace: meantime lawmakers say a state department official is set to testify that the administration shot down requests for extra security in libya and that's despite evidence of growing violence in that area. >> james rosen with the news. he is live in washington. and james, u.s. military personnel had to escort the

fbi into that benghazi compound. >> nearly a month after the attacks, trace, the forensic value of the benghazi complex and that of the secret annex a half mile away where the two exnavy seals without question significantly compromised. a pentagon spokesman told reporters not to read too much into time delays. >> the u.s. government has been aggressively looking into precisely what happened since september the 11th when the attack occurred on benghazi on the consulate of benghazi. we have not been sitting around waiting for information to come to us. we have been actively chasing leads in various ways. >> and the state department said today that those documents, the "the washington post" retrieved from the consulate grounds earlier this week were not classified, trace. >> and, james, have you reported on an internal dispute deep inside the obama administration and the intelligence community over this attack? >> yeah. we have previously reported that senior members of the

president's national security team made a secret finding on september the 12th that benghazi was a terrorist attack. and, yet, it was three days later that u.n. ambassador susan rice, you will recall, went on all the sunday shows to insist that the killings were the result of a spontaneous mob. well, the next day fox news has learned high level intelligence officials has reached out to several independent security contractors and had them review these images of the mortar damage at that annex. the contractor sited the angles and fragmentation patterns to detect two more mortar teams using g.p.s. devices to score hits. armed with these outside assessments, the intel officials internally rebutted susan rice's claims and the very next day matt olson, head of the national counter terrorism center ended this internal debate when he testified publicly to the united states senate that benghazi was indeed a terrorist attack follow me on twitter at james rosen fnc and i will link to you my full article on foxnews.com.

trace? >> trace: will do. james rosen, thank you. victory is in sight. that's what governor mitt romney is telling supporters after polls show most americans say he scored a big win in his first faceoff with president obama. now, the president is apparently trying for a debate do-over. and if only it could have flown away. the bird that caused chaos on a busy highway. next. does your phone give you all day battery life ? droid does. and does it launch apps by voice while learning your voice ? launch cab4me. droid does. keep left at the fork. does it do turn-by-turn navigation ? droid does. with verizon, america's largest 4g lte network, and motorola, droid does. get $100 off select motorola 4g lte smartphones like the droid razr.

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>> trace: a flightless bird that stands as tall as a person stopped morning's traffic on the east coast. dash cam video cap purr temperatured this emy running emu. it broke free from backyard enclosure to look for a mate. at one point it reportedly went after a man on a scooter. for 20 minutes the cops tried and failed to capture the ehmu. tossed a towel over the big bird's head and got it off of the road. i'm trace gallagher in for shepard smith. this is the fox report. governor mitt romney is picking up where he left off in last night's debate. a debate most americans say he won, according to the polls. the governor back on the campaign trail tonight and he is taking aim at president obama again. >> i saw the president's vision as trickle down government, and i don't think that's what america believes

in. i see, instead, a prosperity that comes through freedom. >> the president is back on the trail as well. and he is a lot more fired up than he was last night. ed henry is live for us in denver. ed, he seemed to immediately go on offense today. >> that's right. trace. immediately going on the attack, in fact, and that sort of undermines the argument from some of the president's top advisors that he did just fine in this debate. he seemed to realize he has got some work to do and immediately rolled up the sleeves, started hitting mitt romney and got some comfort by the way in these big rallies. one in denver he got 12,000 people here. in madison, wisconsin, 30,000 people. huge crowd. better reception than he he did last night. did he a little do-over. why he did not counter punch last night against mitt romney today he went on the attack. take a listen. >> i know it couldn't have been mitt romney. because the real mitt romney has been running around the country for the last year

promising $5 trillion in tax cuts that favor the wealthy. and, yet, the fellow on the stage last night, who looked like mitt romney, said he did not know anything about that. >> now the obama camp had no problem really slamming hillary clinton in the 2008 primaries in order to win that i'm told by top democrats privately that part of the strategy mr. obama had going into last night was that he thought if he really went on the attack before such a large audience face to face with mitt romney it might back fire and look like it's beneath the dignity of the office. he may have to rethink that now with two months to go trace. >> camp claims govern romney won last night because he lied. not everybody in the democratic party is buying that, right? >> that's right. i even spoke to some obama supporters at this rally here in denver. a couple of women told me, look, they still want to vote for the president, they plan to, but they thought that mitt romney did a strong job.

it wasn't because of style points. one woman used the gravitas and said he had command on the stage. none the less the obama campaign was insisting this was just about style. it was about scripted lines. while other senior democrats like charlie rangel said they are not buying that take a listen. >> something i think clint eastwood would be proud of. on substance his positions were just as empty as the chair that mr. eastwood had on stage. >> i don't think the president took him very seriously and he should have. and for a large part, he -- the president just looked bored and wanted to get the darn thing over with. >> the president can take comfort tonight though in the fact that ronald reagan lost his first debate 1984 came roaring back, won that election. same for george w. bush in 2004. will i am was warming up the crowd, the dj today in denver. at one point on his play list journaly's don't stop believing, trace. will i am' of the back eyed

pleas. next up, the running mates, vice president joe biden and congressman paul ryan are set to face off in their owner debate one week from tonight. the v.p. says his practice sessions with congressman chris van holland are going well and is he looking forward to the real thing the thing about congressman ryan is he has been straightforward up to now about everything he is -- all the significant changes he wants to make. we have a fundamentally different view on a whole range of issues. so i hope it will be a good debate. >> congressman ryan spent the past couple of days practicing as well with former solicitor general ted olsen playing vice president biden. shed, we'll be live in danville, kentucky for the vice presidential debate one week from tonight. while millions more viewers watched last night's debate than the first presidential debate in 2008, nielsen ratings now show 67.2 million total viewers tuned in last

night. only 52.4 million watched then senator barack obama's showdown in 2008 with senator john mccain. ratings from last night also show that fox news channel's coverage dominated the cable news networks. well, new signs of a steady jobs market getting a nice boost to your 401(k) today. the labor department reports some 367,000 americans filed first time jobless claims last week that's up from the previous seven days. it's less of a spike than many first alert forecasters had predicted. and traders seemed to welcome that news. the dow soaring 8 will 1 points to close above 13500. the nasdaq gaining 14. the s&p up 10. gerri willis from the fox business network is live in our new york city newsroom. gerri, so what are analysts saying about today's jobs snubs? >> look, the claims have stabilized from july. analysts when they look at these numbers they say this isn't impressive given what we should be having for economic

growth. tomorrow, of course, friday is going to be the big jobs day. those are the really key numbers. expect unemployment rate to go up to 8.2%. total number of jobs created in september, 113,000. remember, this is the second to last unemployment report right before the election, trace. everybody's eyes are going to be on it. >> 8:30 tomorrow morning. we are all waiting. gerri, what about retail sales? they all effected the markets today. was it good? bad? >> it was good. growth was above estimate but down from the past two months. look, here is the numbers. same source sales were up. stores open a year or longer. here is what is going on. here there is a little lull between back-to-school and the holidays. shop everies are in that lull right now. some of them staying home also because of the election. >> yeah, indeed. gerri willis with the fox business network. thank you. >> thank you. >> it appears more americans are successfully managing their credit card debt but we're falling behind on other types of loans. the american bankers

association reports that between april and june the percentage of bank-owned credit card payments overdue by a month or more dropped to its lowest level in 11 years. but according to that very same group, over due payments are on the rise in other categories including home equity loans, car loans and personal loans. one analyst warns because the job market hasn't really picked up steam, we can expect more challenges paying off our debt in the near future. well, are you ready? a fox extreme weather center alert. get a look at this. the first snow of the season making a mess in some states. winter weather warnings now in effect across the upper midwest and northern plains. if you don't see snow where you are, there is a good chance that you will still feel the chill. a blast of cold temps sweeping across the country. these strong winds in denver sent

3 inches across a couple little spots here in northern minnesota, butth bulls eye of what is left to fall is across canada. maybe up to 2 feet there. already over a foot of snow across northern minnesota. certainly seems too early for that big of a storm, trace? >> and the cold air we talked about, where is that heading? >> well, it's going to for a lot of people. take a look at the change we have seen in the last 24 hours. a big swath 30 degrees colder than you were 24 hours ago. you can see where the front is right now. already brought cooler in towards texas. across parts of the central plains tomorrow. see it dive a little farther off into the east. only 50s across places like chicago. still warm for a couple more days across the east. it will get there for sunday. temps only into the 40s and

50s. it did cool down, trace. >> we are expecting low 70s here this weekend. >> you poor thing. >> rick reichmuth live in the weather center. thank you. some of that early snow along with some rain helping to dampen wildfires in northwestern minnesota. officials say heavy winds and dry conditions earlier this week fueled several fires that burned more than 2,000 acres of woods and grass land. on monday, water dropping helicopters helped fight the fires from above as residents evacuated the flames ripped through a small town near the canadian border destroying nearly 3 dozen structures. fortunately no reports of anybody hurt. well, a his or her's welcome for a soldier who lost his arms and legs fighting for this country that story is next. plus, a history-making night in baseball. how this guy pulled off a feat so rare that no other player has done it in more than four decades coming up on "the fox report." idation, not quite knowing what the next phase was going to be,

you know, because you been, you know, this is what you had been doing. you know, working, working, working, working, working, working. and now you're talking about, well you know, i won't be, and i get the chance to spend more time with my wife and my kids. it's my world. that's my world. ♪

a placed a bag of am know down on what turned out to be a homemade bomb. the explosion nearly killed him and he spent months recovering. now his wife and daughter and he are all serving as grand marshals of the high school homecoming parade and earlier today folks were definitely

looking forward to seeing him. >> it really makes you proud. we're veterans. we like to see stuff like that. i have heard stories about that guy. you can't believe. he is some man. i will tell you. >> the 25-year-old sergeant mills has more rehab ahead but he has told his doctors he expects to be home for good in a matter of months and we wish him tons of luck. while tens of millions of people watch the presidential debate last night. third baseman miguel cabrera was making sports history. did you see this? he became the first player in more than four decades to win baseball's triple crown he finished the season leading batting average, home runs and runs batted in. it's a feat many analysts said was no longer possible because many candidates focus on one category. before last night, nobody had won the triple crown since 1967. now miguel cabrera is part of

an elite 15-member club that includes the likes of mickey man tell, lieu gearing. he used one work to describe his emotions. >> i can't describe how i'm feeling right now. unbelievable. right now it's unbelievable feeling. i don't know when i'm going to believe. this. >> trace: he is right because it is unbelievable. teammates say the venezuelan native is not a talkative guy. he let's his ability on the diamond speak for him. that is crystal clear. adam housley with the news. adam, this truly is remarkable or unbelievable as miguel would say. >> unbelievable, absolutely. we think about tie cob, ---ty cobb. lyndon johnson was president. horse racing, this is longer than that production as a

third baseman. bat a 330. no one really close in the american league. 139 rbis. that's part of the triple counsel. the only question is whether or not he would have enough home runs he beat josh hamilton by one run. that's what solidified it walked off to quite. they replaced him at third baseman. he is incredibly humble. >> i got say thank you to god for giving me the opportunity to have this moment, to give me opportunity to go out there and play every day. be healthy. try to do my job. >> a lot of people are blaming the referee strike. they are blaming the fact that there was a debate and the presidential election or the fact that it's hasn't been done in so long that's why no one really thought about it. >> 1967. >> absolutely. >> i thought albert poll holes would be the guy. he is such a great hitter.

what's the perspective on. this when you talk to people that watch the game, barry bonds didn't do it jose canseco didn't do it. any of the dopers over the last 15 years none of those guys did it. big name players never had the opportunity to do this. when you join such an he a let club it's quite amazing. we talked to jim gray of course, fox news contributor, he had this perspective on the magnitude of what this man has just done for baseball and for sports. >> people aren't used to it so we don't know. we have had generations of baseball fans not have anyone to look up to as a model and say this is what we aspire. it came something out there that was so far out there that was unachievable. >> unachievable. now we know the tigers, his team are in the playoffs against another unbelievable story oakland a's. a team that came back from all those years down. adam housley. good to see you. well, in boston where baseball's last triple crown winner the red sox today fired manager bobby valentine. it comes after the team's

worse showing since 19656789 valentine took the reigns just this year after last season's epic meltdown led to terry francona's firing. the struggled 5u8 -- all this season finishing dead last. general management announced in a statement that no single individual was to blame. as for valentine, he said, quoting here: i understand this decision this year in boston has been an incredible experience for me. but i am as disappointed in the results as our ownership and the great fans of red sox nation. and they are great fans. the lockout in professional hockey has reportedly cost $100 million because it meant no preseason games and today the league has scrapped 82 regular season matches. that's two weeks' worth as the team owners and players' union fight over how to split $3 billion in revenue. the season was to begin one week from tonight. reps for both sides broke off talks on tuesday. if it all sounds familiar, it

should, the nhl lost an entire season to a lockout just 8 years ago. well, one congressman says he he is only trying to update the fourth amendment for the 21st century. with a new bill that would limit how agencies track our cell phone use sang. but law enforcement -- usage. law enforcement officials say their tactics save lives. plus the founder of facebook mark zurichburg says the social network is now connecting every one in seven people on the planet and that's coming up. ♪ [ male announcer ] how do you turn an entrepreneur's dream... ♪ into a scooter that talks to the cloud? ♪

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>> well, the cops usually need a warrant and permission from a judge so search your home but not to look at your cell phone records. now one congressman is trying to change that. david lee miller is live in

the new york newsroom. david lee. >> trace, you probably didn't realize it but there is a chance someone in law enforcement has examined your cell phone records. what's more? in all likelihood the investigating agency did not need a court order o. last year alone, phone companies gave law enforcement requested information on more than 1.3 million cell phone users. date of release included broader searches such as all cell phone numbers that during a certain time period came within range of a particular cell phone tower. massachusetts congressman ed markey says these digital dragnets need to be regulated. markey's draft bill requires investigators to get a warrant or in the case of emergency sign a sworn statement justifying immediate access to cell phone documents. >> when the police wiretap millions of innocent people if they are able to gain access to your information there is something wrong with that. >> the congressman said his proposed bill has strong bipartisan support but critics say it could create problems for law enforcement.

>> criminals can come from just about any place in today's day and age. again, the location device that cell phone offers is good for private business. there is advertising that can be done. things like that. but it's also vital to finding criminals. >> as of now no time limit on how long law enforcement can keep these cell phone records. if the proposed bill becomes law, that is one of the things that would change. trace? >> trace: david lee miller live for us from new york. david lee, thank you. social networking giant facebook reports it now has more than a billion active monthly users. that's more than three times the population of the entire united states. making facebook one of the fastest growing web sites ever. ceo mark zurichburg announced the milestone where else on his facebook page saying, quoting here, helping a billion people connect is amazing, humbling and by far the thing i am most proud of in my life. now, despite its massive popularity, facebook has been under some pressure since going public earlier this

year. of the company's stock has plunged more than 40%. well, at least 16 students are dead after a landslide buried an elementary school. our top story as we go arend a the world in 80 seconds. china, state media reports heavy debris trapped more than a dozen children inside that school. in a mountainous southwestern province. the landslide also smothered two farmhouses. paramedics believe and military personnel searched for survivors, students were in school on a national holiday to make up for classes they had missed after last month's deadly earthquake. australia. more than 150 people evacuated their homes as a brush fire burned out of control in the southeast. some 7500 firefighters and three water dropping helicopters dropped the flames. thick smoke forced railroad officials to close a coastal

line to sydney. vietnam. officials say several tourists died when their tour boat collided with a small vessel carrying passengers back to a cruise ship. some nearby boaters reportedly saved more than a dozen people in the wreck. south africa. folks got up close with some great whites on a shark watching trim. it's part of an annual whale watching festival. organizers chumed the waters as brave volunteers jumped into a shark cage. the event's sponsor wants people to understand the true nature of great whites. and that's a wrap on this fox trip around the world in 80 seconds. >> well, forget about the combover, it turns out that skin is in. a new study has found that a shiny scalp could be the key to success. just ask these guys. that's next. [ male announcer ] in a world where breakfast

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. >> bruce willis may be on to something. a new study finds that people see men with shaved heads as more masculine it's it the power buzz. popular with some of hollywood's top action stars and it seems to have caught on with some top ceos including dream works am nation jesse catsenburg and amazon's jeffrey bezos. according to the research, the look seems to signal leadership potential. the study found that people viewed men with thinning hair as less attractive and less

powerful. head researcher said he was inspired to do the study after noticing people treated him with more respect once he shaved his own thinning head of hair. cool critters time now. baby giraffe has stepped into the public eye in a private zoo in utah. not a private zoo but a zoo. got first look at the youngsters since it was born two weeks ago. they sent the giraffe's father to the oregon zoo a few months ago. dad is expected to return to utah when the zoo's new exhibit is finished. that's a lot of zs. finished sometime in 2014. >> updating some of our top stories tonight. a meningitis outbreak has killed at lease five people around the country. officials say it's linked to tainted steroid shots. symptoms include chills, fever, and nausea. american airlines has released a statement vowing to take additional steps to keep seats

from coming loose on its planes mid flight. the airline had reported that work was already done. now it indicates the crews should be finished sometime saturday. the presidential campaign is keeping a close eye on the monthly jobs report due out tomorrow. polls show the economy is the top issue for voters. and on this day in 1927, sculptures began transforming mount rushmore into a monument. came up with the idea as way to promote tourism. congress approved. 12 years later etched the images of washington, lincoln, roosevelt into stone. it did not go smoothly. jefferson originally sat to the left of washington. but within two years the face cracked, workers had to blast the sculpture right off the mountain and move jefferson to the right. workers started chipping away 85 years ago today. and